Friday, March 20, 2015

Why A Patent Litigation Contingency Fee Agreement Is Beneficial

By Lena Stephenson


A patent is a restricted and a publicly recognized right to use a certain kind of invention. Infringement occurs if someone else other than the person who owns the patented invention uses, makes or sells it. Patent litigation is the lawsuit, which arises from a patent infringement dispute.

In order to win a patent infringement lawsuit, a plaintiff must prove that the defendant has infringed on the intellectual property by using it without permission. The defendant will try to prove that the patent is not valid, is unenforceable or that it has not been infringed on. Patent litigation fees are usually high. For this reason, many people and enterprises filing such cases opt for patent litigation contingency fee arrangements.

If you opt for a contingency fee agreement, you can pay lower out of pocket expenses. This agreement does away with lawyer fees. However, you will still be responsible for meeting the costs of litigation. These include filing fees and the costs associated with transcripts, depositions, travel and compensating expert witnesses.

A contingency fee agreement also enables people to pursue intellectual property infringement cases that they may otherwise not have afforded. It also allows plaintiffs to minimize the risks of litigation and pay their attorneys for the results they obtain, rather than the number of hours worked. In such an agreement, intellectual property lawyers are also motivated to settle cases, if the settlements are in the best interest of their clients.

As an intellectual property infringement case is progressing, the offender and his or her attorney can offer to settle the case by paying a settlement amount that is lower than the amount a plaintiff is seeking. If a weakness has appeared in the lawsuit, a lawyer can advise the plaintiff to consider settlement. Nevertheless, if the lawyer is confident of a good outcome, he or she can advise the client to wait for the case to be tried because a larger settlement amount will also benefit him or her.

When intellectual property lawyers work on a contingent fee basis, they do their best to ensure that the litigation process is cost effective and not time consuming. On the contrary, law firms that charge their clients by the hour usually conduct many long depositions, prepare long proceedings and send several attorneys to hearings and conferences. This often increases the number of hours worked on a case. This usually does not take place if lawyers are charging a contingency fee.

When you hire an intellectual property lawyer, he or she will evaluate your case carefully to determine if the settlement amount is likely to be high. If your case is weak, has many issues or it lacks credibility, the lawyer may decline to take it. If a lawyer takes your case, it means that he or she is confident about getting a winning outcome after investing adequate effort.

Plaintiffs can raise the chances of winning an intellectual property lawsuit if they assist their lawyers as much as possible. For example, they should provide the professionals with the information they request quickly. It is crucial for plaintiffs to try their best to have good working relationships with their attorneys because they will all benefit if the outcome is good.




About the Author:



No comments: